Civil Litigation
Nov. 19, 2020
Defendant sued in breach case did not waive affirmative defenses, 9th Circuit rules
Defendant Enterprise Services agreed to enter a contract with NASA to provide information technology-related hardware, services and work. Enterprise also agreed to subcontract some portion of the labor to various small businesses in exchange for financial incentives. KST sued Enterprise when it refused to complete payments totaling more than $5.4 million.
The federal appeals court reversed a lower court's judgment awarding KST Data Inc. $5.4 million in a commercial contract breach case, ruling that defendants did not waive affirmative defenses when it did not file an answer to the plaintiffs' amended pleadings.
Defendant Enterprise Services agreed to enter a contract with NASA to provide information technology-related hardware, services and work. Enterprise also agreed to subcontrac...
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